Review of Compliance with the Victims' Code of Practice (VCOP) Findings, recommendations and next steps
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Review of Compliance with the Victims’ Code of Practice (VCOP) Findings, recommendations and next steps
RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E Claire Waxman Independent Victims’ Commissioner for London March 2019
3 CONTENTS Foreword 3 Police investigation, charging and bail 6 Before trial, at the trial, after the trial 18 Support 31 About this review 40
RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
FO R E WO R D
This Review – the first of its kind - has been In short, the Victims’ Code of Practice (VCOP) is
exhaustive – involving thousands of people and failing to deliver the improvements and sense of
hundreds of hours of conversations. I am deeply change required because of fundamental,
grateful to all of those who took the time to systemic problems that need fundamental,
participate and share their insights and ideas, systemic change to resolve. Victim needs are not
especially those victims who showed great being met by it and agencies are struggling to
courage in reliving often highly traumatic deliver it. Reform is urgently needed.
experiences to help progress much needed
The Code was applied on top of long-established
change.
and complex system of processes and
The research has highlighted many examples of procedures for victims and witnesses of crime.
exemplary service, humanity, empathy and I heard repeatedly from practitioners about long
determination to do the right thing. I’m delighted lists of requirements and checklists they have to
that this Review gives us an opportunity to work through in cases, of which VCOP is only
recognise the often-unsung heroes and heroines one element. All of these are no doubt well-
of our justice service. intentioned and important tasks, but so numerous
as to render them either impossible to complete
Sadly, the Review has also revealed examples of
or as meaningless box-ticking.
unacceptable service that exacerbated victims’
trauma and delayed their recovery. There are This is the antithesis of what we are ultimately
some who work in the criminal justice service who seeking to achieve – moving from a process-
lack the skills or training to understand and driven criminal justice system to a victim-centred,
respond to victim needs effectively. trauma-informed criminal justice service built
There are elements of poor practice from the victim upwards.
and process that need to be dealt with
I am calling on the Government to finally act on
as a matter of urgency if putting victims at the
their overdue commitment to establish a Victims’
heart of our justice service is to have a meaning.
Law, giving victims legally enforceable rights and
The research has shown very clearly specifying clear legal duties for agencies. It is
that the vast majority of the people working in the absolutely clear from this Review that,
justice service are committed to helping and 13 years since the Code’s creation, compliance is
desperate to do a good job. Why then, do so the exception and not the rule. It is time now that
many victims feel dissatisfied with the service we learn the lessons of the Victims’ Code’s
they have received? failings and apply them to create a law to show
that victims’ rights are important; that mandates a
This Review has brought forward a wealth of new
clear set of key entitlements that can be
evidence to support what many have known for a
understood, complied with and remembered by
long time. It is the system, not always the people,
public and practitioners alike; sets out which
that ultimately leads to victims being failed &
agencies must deliver them; and gives victims
re-traumatised. Front line workers supporting
accessible and swift means of recourse if their
victims are frustrated in their jobs on a daily basis
entitlements are not met. I am clear that
by overwhelming demand, lack of resources,
ultimately, it is only by enshrining key
deficient training and an impossibly complex
entitlements into a legally enforceable Victims’
framework for victim care that has been
Law, that we can create the culture change
developed piecemeal over decades and bolted on
needed to ensure that victims are truly at the
to a system that pre-dates victims’ rights and
heart of the justice service and valued at
entitlements. Victims suffer the consequences of
every stage.
these problems time and again.5
Moreover, it is time for an honest conversation in • Advising on the commissioning of London’s
this country about the future of our justice victims service – moving toward an integrated
service, what we expect from it and how much we model; devolving witness services and
are willing to invest in it. improving outreach to vulnerable victims and
witnesses. This new service aims to address
The Government, as our lawmakers and as the
both the victim’s ability to recover as well as
key decision makers on funding must be at the
ensuring best evidence in court and
heart of that conversation. The Metropolitan
continued victim engagement.
Police Service has lost hundreds of millions of
pounds, thousands of officers and staff and most Thus far, I have been encouraged by the honest
of its police stations due to funding cuts. London and proactive engagement of the vast majority of
has around 21% of the crime in the country but criminal justice agencies and support services,
receives only 16% of Government funding for not only in this Review but in wider efforts to
victims’ services. Entitlements for victims amount improve their service to victims of crime.
to empty promises when the people tasked to
This research and its findings change the
deliver them lack the resources, skills and time to
conversation about victim care in London.
do so.
Looking forward, it will form the basis of
The independence of my role as Victims’ discussions and further partnership work to
Commissioner for London has been vital in develop and agree an action plan with regional
gathering victims’ and practitioners’ experiences and national partners, with a view to finalising a
and views, and in galvanising action. Since my Strategic Delivery Plan later this year. I will be
appointment, this work has included: using all of the existing partnership governance
structures to move this work forward – the
• Bringing the victim’s voice to policy and
starting point being the London Victims Summit
commissioning decision making at a London
in March 2019.
level for the first time, through the creation of
both the Victim Reference Group and Victims Claire Waxman
Board; Independent Victims’
Commissioner for London
• Enabling the MPS to prioritise the needs of
victims - within the MPS overall strategic
direction a clear focus is placed on the MPS
achieving good criminal justice outcomes and
support for victims. This includes the
introduction of basic victim care to front line
officers, improvements to communications
with victims and improving reporting
pathways;
• Influencing national policy making and
reviews, representing London on the
Government’s Victim and Witness Advisory
Group and lobbying on issues including
disclosure in rape cases, safer reporting for
victims with insecure immigration status and
criminal injuries compensation; andRE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
POLICE
INVESTIGATION,
CHARGE AND BAIL
R E PO RT I N G A C R I M E
In the aftermath of a crime, the quality of the However, for some victims, reporting was a
victim’s first interactions with either the police or difficult, even re-traumatising experience.
other support services is crucial, influencing Some victims voiced concerns about the
their decisions on whether to pursue their case inappropriateness of the environment in which
further, whether they would report another crime they had to give their initial statement, including
in future, and their overall confidence in policing lack of privacy and old, worn out facilities. This
and criminal justice. This is key when looking at is an issue identified in the consultation for the
the Victims’ Code of Practice, as agencies can MOPAC/MPS Public Access Strategy and I
only provide for victim entitlements if a crime welcome the Strategy’s commitments for
has been reported. improving the provision of safe, private and
dignified channels for victims to report. The
The online and telephone surveys, together with
findings of this Review underline the importance
focus groups, found that most victims reported
of these improvements for victims.
their crime/incident to the Metropolitan Police
Service (MPS). Less frequently, crimes were Some victims spoke of feeling pressured and
reported to a local authority or council, another the lack of time to consider their statement. A
police force or a support service. A small number number of victims related how they were asked
indicated the crime/incident was not reported by to make the same statement repeatedly. In a
them or indicated that the crime hadn’t been small number of cases, victims shared shocking
reported by anyone. instances of inappropriate questioning, and
multiple incidents illustrating a lack of sensitivity,
Encouragingly, the research revealed many
empathy and discretion on the part of those
positive victim experiences of reporting a crime
taking reports and statements.
to the MPS. This is a testament and a credit to
the officers and staff involved. Those who had Some of those who participated in the research
a positive experience most frequently cited the never reported their crime at all. A range of
quality of their treatment - being listened to, reasons were cited, such as fear of the
taken seriously, treated with empathy, courtesy perpetrator, cultural or community pressure to
and respect. not report, negative past experiences and fears
around their immigration status.7
Hate crime victims said that they and others
(especially those with a learning disability) may “I reported the incident to the Met Police a
not recognise what they have experienced as a week after it happened. I was very scared,
crime as they have ‘normalised’ what can be because then and even now it’s my word
regular experiences of victimisation - against his. I didn’t feel like I had enough
particularly if these involve verbal rather than evidence to prove I was telling the truth so
physical abuse. Moreover, even if there is I was scared about that. But my police
recognition, some people apparently do not officer was very helpful and supportive,
report for fear of being discriminated against and she tried to do what was best for me. I
and/or not being listened to or taken seriously. was satisfied with the way I was treated by
the Police: I don’t think that anything
For young people specifically, a negative
could have been done better.”
perception or even fear of the police was cited
several times as a barrier to reporting. Victim of a sexual offence [rape],
Furthermore, there appears to be a perception Greenwich
that young people are ‘stereotyped’ or ‘tarred
with the same brush’ by the police: a perception
that can deter them from reporting even serious THE INTEGRATED VICTIMS AND
crimes for fear of being treated more like a WITNESSES SERVICE (IVWS)
perpetrator than a victim. Moreover, some young Research commissioned by MOPAC found
people felt that the risk of repercussions or of that, as a result of being passed between
being labelled as a ‘snitch’ or ‘grass’ outweighed different agencies and organisations, some
the importance of reporting victims missed out on support and in some
a crime – particularly in tight-knit communities. cases had to tell their stories and relive
It is therefore clear that there is more to be done their experiences repeatedly.
to bridge gaps between the justice service and With £15m investment from the Mayor of
communities, to provide greater confidence and London, in 2019 MOPAC awarded a
dispel myths. I welcome the work undertaken by contract to Victim Support to lead the
MOPAC to ensure that improved community delivery of an integrated support service
outreach will be incorporated into the new for victims and witnesses of crime in
Integrated Victims and Witnesses Service (IVWS) London. Victim Support will provide a
and make further recommendations for wider single point of contact for victims, working
initiatives to help victim engagement. However, in partnership with a number of agencies
without systemic reform and improvement of the such as Shelter, Galop, Sistah Space, St
service provided to victims, we must be realistic Giles Trust, Stay Safe East and Calm
about these recommendations. Ultimately, while mediation to ensure a smooth referral
more effective outreach and communication process to specialist support services and
might go some way to improving engagement removing the need for victims to repeatedly
and trust, confidence and willingness to retell their story.
participate in the justice process stems directly
The new service will also use a proportion
from the quality and consistency of the service
of budget devolved from the Ministry of
offered. Without this, any attempts at greater
Justice to offer a pre-trial support service
outreach are as likely to deter victims as they
to witnesses. This means that, for the first
are to encourage them.
time, witnesses will be offered the support
from the same package as victims,
enabling them to give their best evidence
at court, improving justice outcomes.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
KEY FINDINGS
• The channels, locations and senses of security and dignity when reporting crime remain key to
victims in London. Victims have highlighted the need for us to consider how we move forward with
third-party reporting and specifically how this links to statutory services.
• Victims find re-telling their story traumatic and often it does not progress their case.
RECOMMENDATIONS
• MOPAC has an extensive community engagement programme, covering issues including serious
youth violence, violence against women and girls, hate crime, extremism and neighbourhood
policing. MOPAC should develop training resources for those working in these programmes to give
them the knowledge to provide appropriate advice to victims they come into contact with and to
refer them to support.
• As part of their reform of VCOP, the Ministry of Justice (MOJ) should commit to including clear
guidelines on ‘Achieving Best Evidence’ for officers interviewing victims of crime to cover
reporting a crime as well as giving a statement, setting clear and trauma-informed parameters for
interviewing, timings and support so victims are aware of their entitlements. The MOJ may be
required to refresh and extend 2011 ‘Achieving Best Evidence’ guidelines for officers as a result.
• The MPS should continue to work with the Victims’ Commissioner for London to further develop
their training, building towards trauma-informed training that empowers officers and staff to
understand victim needs and provide empathetic, effective and joined-up victim care.
NEXT STEPS
These issues will be raised at the London Victims’ Board to engage partners in discussion about how
we can improve the reporting experience, giving specific consideration to how we utilise existing VCS
services, the effectiveness of third party reporting in London and opportunities for further
collaboration.
The MPS Business Plan 2018-21 identifies that refurbishment of local police stations will begin in Q4
2019-20. Through governance structures including Bilateral meetings with Senior MPS Leaders and
the Oversight Board, MOPAC will continue to oversee this work.9
AWA R E N E S S O F T H E V I CT I M S ’
C O D E O F P R ACT I C E
At this first stage in the justice process, after I therefore welcome MOPAC’s commitment to
they have given their report, victims have a developing a comprehensive online resource to
number of entitlements under the Code, provide information and advice to victims of
including: crime in London, as an element of the
Integrated Victims and Witnesses Service.
• A written acknowledgement that a crime has
been reported, including basic details of the At an organisational level, awareness of VCOP
offence; amongst practitioners was better. While
practitioners generally supported the idea of
• A needs assessment to help identify the
the Code, there were mixed views on its
support required;
purpose and application; and patchy awareness
• Information on what to expect during the and understanding of the Code and the systems
criminal justice process; and in place to track and ensure compliance.
• Referral on to relevant victim support Victims were asked which entitlements set out
services. in the Code they felt were most important. For
the majority of participants, the most important
However, entitlements count for little if victims VCOP entitlements during the reporting
are not aware of them. This research found that investigation phase of the crime/incident are:
no more than one third of participating victims being kept informed and being offered victim
had been told about VCOP and their support services.
entitlements not only when they reported, but
at any stage at all in their case. This is just one These should be key rights within a
aspect of a wider lack of information Victims’ Law.
for victims about what happens in the criminal
justice process that has been identified
throughout this Review and
that will be discussed further later in
“It’s very hit and miss whether victims
this document.
receive information about these sorts of
This is a missed opportunity for improving the things or not.
victim experience. During the focus groups, I’ve spoken to a lot of victims and I
victims who knew about the Code found it haven’t met anyone who has been given
helpful and empowering. Victims who had not the Code or has known about it. It was
been aware of it were largely positive about only when I started getting involved in the
the concept of the Code and felt it would have victim’s agenda and I started to look more
been useful to them had they known about it. in depth at what I was entitled to that I
became familiar with the document.
It should have been mentioned to me and
given to me at the very start… Until there
is a Victims’ Law nothing will change. The
Code of Practice is just telling victims
what should happen; I want to know what
will happen and when this doesn’t what
should I do then?”
Bereaved relative [murder], BrentRE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
I N C LU S I O N I N T H E A WRITTEN
V I CT I M S ’ C O D E O F P R ACT I C E AC K N OW L E D G E M E N T
Through the process of research and This is the first element of the work to keep
engagement with victims and practitioners, victims informed about their case, yet already at
concerns were raised about groups of this early stage, research found that significant
potentially highly vulnerable victims missing out numbers of victims were not receiving this
on entitlements under the Code. basic communication to confirm details of their
report.
For example, relatives of people murdered
abroad are not currently covered by the Code. Victims who reported the crime or antisocial
Victims of road traffic accidents and victims of behaviour incident to the police were asked
crimes found to be perpetrated by mentally whether they received written confirmation that
disordered offenders don’t have key they reported a crime, including the basic
entitlements provided for effectively under details of the offence. More than two fifths
the Code. We can and must do better for (44%) of online respondents stated that they
these people. had received written confirmation, although a
similar proportion (41%) said that they had not.
Furthermore, practitioners highlighted a number
of statutory bodies in regular contact with
More than two thirds (69%) of telephone
victims of crime but who are not currently
respondents received a written confirmation of
included in the Victims Code of Practice.
the offence, with only around a fifth (22%)
This includes the National Health Service,
stating that they did not. Very few victims and
HM Coroners and the Foreign and
survivors who took part in an in-depth interview
Commonwealth Office.
had received a written confirmation that they
had reported a crime.
When asked whether receiving written
confirmation would have been useful, most of
those who had not received one said that it
would in terms of: checking the accuracy of
what was recorded; helping in the event of
needing practical action from another party;
having an ongoing record in the case of repeat
victimisation; and feeling more “part of the
process” as a victim of crime.11
R E F E R R A L S TO S U P PO RT
A N D O N G O I N G C O N TACT
At the point of reporting, victims are entitled to Victims gave mixed accounts of ongoing
an assessment of their needs and referral to contact after a crime was reported and as a
appropriate support services. In addition, case progressed. Many were positive:
victims are entitled to ask for ‘special measures’
- steps that can be taken to help vulnerable or
intimidated witnesses to give their best “We were getting updates pretty much
evidence, whether during a police interview or every day, calling us all the time. It showed
in court. Such special measures are tailored to that they cared and that they weren’t
the person’s particular needs. taking it lightly.”
Victim of violent crime, Sutton
Of online respondents, around a third (32%)
reporting to the police said that the police or “It happened in August and they didn’t
person dealing with their case talked to them find the man until December but they kept
about the support they needed. Of these, 65% me informed which helped reassure me
were referred to a support service. Of telephone that they were still looking for him.”
respondents, 56% said that the police Victim of a sexual offence
discussed with them the support they might [rape], Greenwich
need and what was available.
Around half of those taking part in an in-depth However, others were not kept informed about
interview could recall having a discussion with their case, which for some was a source of great
the police or person who dealt their case about dissatisfaction and concern.
their support needs and what was available.
Those that did were grateful for this, particularly
regarding their entitlements in the event of “The officer in charge didn’t contact us
needing to go to court - but it was frustrating to once in six months; not even to tell us the
those for whom it was not provided. For case was going to court. I think my mum
example, one young victim could not remember called to find out. He still hasn’t been in
a discussion about the special measures contact now that the sentencing has
available to them until immediately before they been done.”
were due in court. Had they known these would Victim of assault, Lambeth
be provided in advance, their experience would
have been much less stressful.
Key issues were identified in the practitioner Practitioners from the MPS recognised that
research around the process of referring into there were sometimes shortcomings in victim
support, often linked to other issues around contact, citing overwhelming demand and
awareness, training and resources. These are declining resources as key factors in this gap in
addressed elsewhere in this document. service. This is discussed further later in this
document.
Another significant issue raised by response
officers in relation to the Code was the need to
obtain explicit as opposed to implied consent
from victims for a referral to a support service
since the introduction of the General Data
Protection Regulation (GDPR). In some cases,
officers spoke of making difficult judgement calls
on whether or not to refer.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
“I think the most important thing for us is
how you deal with the victim at the time
because you’re probably the only police
officer they’re going to see…but we’re so
stretched that sometimes it’s difficult to
do that…you’re trying to give them the
victim support you’re told to do from day
one and then you get a call saying you
need to pull away from whatever you’re
dealing with.
So although sometimes you might think
‘I’ve done a good job with that person’,
you go to another call and you won’t have
enough time and you feel a bit rubbish
about how it’s gone. And you can tell they
know that you’re rubbish…people know
you’re rushing and don’t have time for it”
MPS Response Officer
With many different potential points of contact
between victims and statutory agencies like the
MPS; with awareness and interpretation of VCOP
patchy; and with officers and staff often
struggling to manage their VCOP responsibilities
amidst high workloads and reducing resources,
action is needed to ensure more seamless,
consistent service and care.
I welcome work underway by the MPS to
address these issues, notably through the
rollout of Mi-Investigation, through which the
handovers between officers are reduced.
Going further, I believe a wider, long-term
solution to these issues would be to bring core
victim care duties into a single unit to enable
dedicated, end-to-end ownership of victim care
and VCOP compliance and the provision of
expert advice given in a considerate and
trauma-informed way.13
V I CT I M P E R SO N A L
STAT E M E N T S
The in-depth interviewees who had been offered
“I want him to hear how it’s impacted me; the opportunity to make a Victim Personal
my life, my relationships, my work Statement described how important this had
performance. It will give me some form of been in allowing them to articulate their feelings
control and some form of voice in all of this. and, again, to feel part of the criminal justice
I thought I was taking control by reporting it process - a view echoed by those who had not
but it’s so out of your hands when you do. yet been through the process but would go on to
So this will be a really good way of taking do so in due course. Those who were not offered
back at least some control.” the opportunity to make a statement typically felt
aggrieved at not being able to describe the
Victim of a sexual offence, Brent
impact of the offence upon them - even if it would
never be publicly articulated in the event of a not
Under the Code, all victims of crime should be guilty verdict.
offered the opportunity to give a Victim Personal
Statement (VPS), setting out the impact the crime
“I should have been asked to read my
has had on them. Only a fifth (20%) of online
statement at court but it was never offered.
respondents whose crime was reported to the
The CPS advocate didn’t tell me anything
police were offered the opportunity to make a
about how I could be involved in court and
Victim Personal Statement.
said that I didn’t need to be involved. I wish
7 in 10 online respondents who were offered the I’d been listened to rather than have my
opportunity to make a VPS made one, but only words go through third parties. I wanted to
around three fifths (61%) were told how it would speak to my advocate, to read my
be used. Two fifths (40%) of telephone statement out…my voice was always going
respondents were offered the chance to make a through other people who I felt didn’t have
VPS, of which nearly two thirds (65%) did so. my best interests at heart.”
Victim of knife crime, Ealing
“A family liaison officer visited me a couple
of times and one visit was about how I felt
and how the incident had impacted me; I
Clearly, the Victim Personal Statement is an
made a Victim Personal Statement. I have
important and valued entitlement. It is vital that
to say that he was extremely
victims understand this option, and this is
understanding, I did speak for quite a while
reflected in recommendations elsewhere in this
and I did think that was good for me.”
document.
Bereaved relative
[road traffic incident], Barnet
“In all honesty I was asked to give back my
victim’s statement the day after I gave
evidence which I felt was too rushed. Purely
because, I have read it back since and what
I probably didn’t get across in the best way
possible was how it had really impacted
me.”
Victim of a sexual offence [rape],
Kingston-upon-ThamesRE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
A small number of victims and survivors noted However, with many cases never making it to
that, in the immediate aftermath of the offence, court, for many victims producing a Personal
they did not feel ready to give their Victim Statement will ultimately be a fruitless task.
Personal Statement and that being asked to do so Throughout this research, it has been clear that
while traumatised meant they had not been able victims understand that many cases will not
to express the full impact of the crime on their progress far beyond reporting and understand
lives. If the Victim Personal Statement is to fulfil the reasons for that – and that an honest
its purpose of expressing the impact of a crime, assessment from the police and other services is
victims must have the opportunity to complete highly valued in those instances. If a case appears
their Statement in their own time, and highly unlikely to progress further beyond the
opportunities to return to it as the full impact of a report, it is better that victims are not asked to
crime becomes clear. produce a VPS that may require them to relive
their trauma for no benefit to them.
Moreover, some victims said that, albeit with the
best intentions, police officers can sometimes be Once completed, Victim Personal Statements are
too directive in instructing victims on what to say often seen as ‘up-for-grabs’ in the judicial
or write, resulting in the latter not recognising the process, with little thought given to the impact
statement as their own. on victims of their statement being used in court;
released to the public and appearing in the media.
These issues can be resolved by providing simple
In certain cases where there is repeat
guidance to officers and victims on how best to
victimisation and ongoing risk such as reprisal for
draft their Statement, deadlines and how it is
giving evidence or in domestic violence, coercive
likely to be used. At present, this is provided
control and stalking cases, describing personal
through a part of a form known as MG11, and
impact such as seeking counselling, problems at
some practitioner feedback suggests that
work or having to move house gives the defence
historically, this form may not have been offered
or the media reporting it personal information
as officers did not have copies on their person.
that can be used to continue some of the criminal
However, with the rollout of mobile tablets to behaviour post trial. This is another example of
frontline officers, there is an opportunity to practice where a trauma-informed approach is
ensure that officers have a copy of the VPS needed to ensure that potential trauma to victims
pro-forma electronically, as part of the MPS is considered and mitigated.
e-statements app.
“This happened at the request of the CPS
after the perpetrator was arrested following
the second investigation. The CPS said ‘we
want an impact story from her’ and they
made my mum do a statement as she’d
seen all the messages and the calls. I said
to the police officer ‘what’s the point of me
doing all this again if it ain’t going to go
nowhere?’ I’m constantly peeling the same
onion...and we never get anything at the
end of it.”
Victim of stalking and harassment,
Barking and Dagenham)15
KEY FINDINGS
• Thirteen years since its creation, many victims of crime still do not know about the Victims’ Code
of Practice or understand their entitlements.
• Victims aware of the Code of Practice highlighted a number of ways in which it does not meet their
needs and that what is in place is inconsistently used by practitioners.
• It is clear that Victim Personal Statements are used inconsistently and are not always effectively
supporting either improved justice outcomes or victims’ recovery.
RECOMMENDATIONS
• The low level of awareness of victim entitlements is a key issue. The Government and all statutory
agencies must urgently take further steps to inform the public about their entitlements if they
become a victim of crime if the purpose of the Code is to be fulfilled.
• The MPS should review and update the Victim Personal Statement template to ensure it is as easy
to complete as it can be for traumatised victims and provides clear guidance to victims on the role
of the VPS, when to make one, what it should contain and how it will be used.
• MOPAC should co-ordinate production and dissemination of victim care cards to ensure those
that provide first point of contact to victims can signpost them to their rights and information on
support.
• The MPS should introduce a Victim Personal Statement pro-forma onto the e-statements app on
officers’ mobile tablets, so it is available in all interactions with victims.
• The Ministry of Justice should consider the feasibility of a trusted advocate or family member
providing a Victim Personal Statement on behalf of the victim, when they are too vulnerable or
traumatised to provide a statement themselves.
• As part of their reform of VCOP and any future Victims’ Law, the Ministry of Justice should ensure
that vulnerable victims and their families, regardless of the circumstances of the crime, should
have the entitlements they are eligible for clearly set out and, as far as possible, that there be
parity of entitlements. To enable this, all statutory bodies that come into contact with victims of
crime, including the NHS, HM Coroners and the Foreign and Commonwealth Office should be
included as partners in the Victims’ Code of Practice.
• All criminal justice agencies should take steps to ensure victims are reminded of their entitlements
to be referred to support services at every stage in their case, and that this is reflected in the
training given to all front-line staff.
• As part of their reform of VCOP, the Ministry of Justice should clarify when Victim Personal
Statements should be mentioned to victims and outline the exact time periods during the justice
process that victims can produce or amend it. They should also clarify how victims can ensure that
sensitive material within VPS is protected so not to cause further risk and harm.
NEXT STEPS
A copy of this Review and the findings will be sent to the Ministry of Justice to inform their ongoing
review of the Victims’ Code of Practice and I will continue to work with Government on their
consultation through the Victim and Witness Advisory Group. In addition, I will work with London
partners through the London Criminal Justice Board to discuss how London responds to these
findings and whether some elements of the Code should be prioritised, based on what victims want.
The MPS has committed to delivering a range of improvements in victim care by 2021, as set out in its
Business Plan 2018-21.
MOPAC will confirm timings for the delivery of the online victims resource as part of IVWS and ensure
that I and the Victim Reference Group can review and test the site before launch.
MOPAC has written to the MPS to ask for clarification around GDPR and guidance for consent and
referrals to support.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
C H A RG E
A N D BA I L
A number of issues were raised by participants There were mixed views from victims about
regarding the charge and bail stage of their whether they were aware of the Victims’ Right to
case. For some, the length of time for a final Review (VRR) scheme, through which they can
charging decision was a serious problem – appeal against a decision not to prosecute their
effectively leaving them in ‘limbo’ for long case. Several complained that the charges in
periods of time, unable to move forward with their cases had been dropped by the CPS
their lives. Others felt pressured into settling for without explanation and without them being
a lesser charge to secure a conviction in a informed of any recourse to challenge the
quicker timeframe, leaving them little time to decision. Indeed, in some cases victims felt
fully consider the implications of this. actively pressured not to request a review of
the decision.
“We’re always waiting for a decision about
whether it goes to court or not. It’s been a “I had a letter saying I could appeal the
nightmare. I’m fizzing waiting to hear. The decision not to charge. Then I met the
barrier is getting the decision the CPS police to see what they thought…and they
being able to put the time aside to read thought I had a strong case and wanted
whatever has been sent up to them. I keep me to do it. So I said I wanted to appeal
getting told that that I will be told a date the decision and I eventually got a letter
and then I have to chase them up when we back from the CPS and I really didn’t like
hear nothing. It’s just back and forth the tone of it; it was very much like ‘we
between the CPS and Police all the time. don’t think there’s any point in you doing
We are now 2.5 years down the line and it but you have the right to do it so you
still waiting. I want it to be done and might as well’. It then goes on ages…I
dusted so that I can get on with my life… appealed it in early July and it’s gone on
Non-recent abuse needs to be treated and on until I found out today that it’s now
just as importantly as recent abuse, which likely to go to court”
isn’t happening. In my area we have a
Victim of a sexual assault, Brent
dedicated non-recent abuse team and
we’ve still been waiting for 2.5 years.”
Victim of non-recent abuse, Bromley The Victims Right of Review is an important
check and balance, empowering victims to
challenge charging decisions that they are not
happy with. However, with many victims unaware
of their rights, many are left disempowered and
demoralised by charging decisions that they
feel unable to challenge. This underlines the
need for the Right of Review to be a part of
a Victims’ Law.17
KEY FINDINGS
• Delays to charging decisions are impacting victims’ ability to cope and remain confident in
criminal justice proceedings.
• Victims are not empowered to challenge charging decisions, with negative implications for
their ongoing recovery and confidence in the justice service.
RECOMMENDATIONS
• The Integrated Victims and Witnesses Service, the MPS and the CPS should work together to
ensure that victims are regularly updated on charging decisions and bail conditions,
understand the reasons for delays and are given appropriate support to cope. In addition,
victims should be constructively and clearly informed about the Victims’ Right of Review and
given details on how to apply for it when CPS decisions are communicated to them.
NEXT STEPS
This will be raised with the IVWS, MPS and CPS to consider remedial actions and resource
implications.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
BEFORE TRIAL,
AT TRIAL,
AFTER THE TRIAL
THE WITNESS
S E RV I C E
Giving evidence in court can be a daunting,
traumatic experience for victims of crime, and “They were lovely, really lovely. There was
efforts to support and inform witnesses are one point in the court proceedings where
vital to the effectiveness of trials. As with the I had to leave as they were discussing a
reporting and investigation stages of a case, point of law and I got quite upset, but the
this Review found a mixed picture of victims’ woman from the Witness Service was
experiences, with some extremely positive there and she was being very supportive,
examples of excellent service, and other telling me it would be ok and handing me
examples of poor practice. Similarly, practitioners tissues etc. I also got upset in the witness
clearly demonstrated their desire and box and she reassured me that she was
determination to do the best possible job for there for me if I needed anything and
victims and witnesses, highlighting issues around reminded me that I could take a break if I
resourcing, training and consistency as needed to”
hindrances in doing their jobs.
Victim of a sexual offence [rape],
Kingston-upon Thames
The Witness Service provides expert support
to victims who give evidence as part of a trial.
Their work was almost universally praised by
those who had worked with them, a great credit
to their staff. In particular, they were praised for
their victim-centred, reassuring approach, and
for their work in keeping victims informed about
what was going to happen in court during their
trial. This reflects a common theme in this Review
– victims put a real premium on emotionally
intelligent service and clear information on what
is happening with their case.19
C O U RT BEING KEPT
FA M I L I A R I S AT I O N V I S I T S I N FO R M E D
Of the respondents who went to court, 64% said
“A visit to the court before the case was that they had been told of the time, date, location
arranged; me, my daughter and son went. and outcome of any court hearings, while around
This was really helpful because both me 6 in 10 (59%) felt they were kept informed about
and my daughter were giving evidence. I the progress of their case.
was taken around the court and they
explained what was going to happen”
“The ladies at witness care have been
Victim of domestic abuse, Bexley helpful in the sense of getting the
information of when the next court date
is…they have also told me what is likely to
happen which has been important”
Most of the victims who participated in
interviews and focus groups had been offered
Victim of false imprisonment,
the opportunity to visit a court prior to their trial,
Tower Hamlets
and this was widely welcomed as a reassurance.
Those who were not offered a visit felt that being
unfamiliar with a court setting added to their
Most of the depth interview and focus group
anxiety before trial. I welcome the work
participants who went to court were satisfied
underway by HMCTS to explore the potential for
that they had been kept sufficiently and properly
publishing diagrams and creating ‘virtual tours’
informed (mainly by the MPS Witness Care Unit)
of all courts, providing victims and witnesses
both before and during the process.
with an additional, accessible option for
familiarising themselves with the court setting Of those who said they were given information
ahead of trial. This should be rolled out as soon about court hearings, more than four fifths (85%)
as possible. felt that they had been given these details in
enough time, but 13% felt they were not. Some
Some concerns were raised that it was not
victims spoke of their frustration at short-notice
always clear that the court a victim would visit
changes to their trial date. Of the respondents
before a trial might not be the one which
who were told about their court hearings, around
ultimately hosts their trial. This can be a source
two thirds (67%) said their trial started on the
of anxiety on the day of trial for a victim
date they were first told. Less than a fifth had
expecting to attend another court.
their trial adjourned on the day it started (18%)
Pre-trial court visits will shortly become the or before it was due to start (15%).
responsibility of the MOPAC-commissioned
Integrated Victims and Witnesses Service (IVWS)
to arrange and deliver. MOPAC recognises the
need arising from the findings of this Review to
give clear information to victims that their trial
may be in a different court to the one they visit
and that court dates may change, so they can be
prepared for this eventuality.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
The impact of adjournments on victims, who
have mentally prepared themselves for court on “The first time it got moved was really bad
a particular day, can be significant, and as the because I had properly psyched myself up
statistics show in some cases adjournments can and I found out about it before the police
happen repeatedly. Giving evidence in court can had even told me. They moved it to over
be one of the most significant and traumatic the Easter period…I queried whether this
events in a person’s life and highlights the was sensible with the bank holidays and
importance of making suitable and sensible all but was told it was fine. But I then got a
future arrangements that minimise disruption for phone call saying that because of
victims and allow them adequate time to prepare. complications around this the court date
had been brought forward, and that it
A number of police participants in the
would either have to start in two days’
consultation also noted the impact of ‘constant
time or in another six months’ time.
adjournments’ granted to defence lawyers with
no apparent regard for the inconvenience this
I was given an hour to make the decision.
causes to victims and witnesses; and secondly
I decided to go to court with two days’
the lack of consideration for the fact witnesses
notice, and it felt very hectic. For example,
will have travelled often very considerable
I really wish that I had seen a copy of my
distances to testify when it is decided, often at
statement a bit earlier on; they literally
the last minute, that they are no longer required.
gave it to me 20 minutes before I went on
Witness Care Unit staff – who are responsible for the stand. It was a very draining
notifying victims and witnesses of adjournments experience”
– also noted that when they are told about the
adjournment, they rarely receive any information Victim of a sexual offence [rape],
about the reasons for it. This limits what they can Greenwich
tell victims and witnesses, a source of frustration
to all parties.21
MEETING THE CPS GIVING EVIDENCE - SPECIAL
A DVO CAT E M E AS U R E S
“I only met my barrister five minutes “I was told I would be able to have a
before I was about to go in the witness screen or a video link and that one of the
box. I think it’s because they say you’re people from the witness service would be
not allowed to talk about the case…but I able to stand behind me. With the person
would have like to have met him before he behind me I just knew someone was there
was about to start” and with the curtain I was able to speak to
the jury without seeing the person. I don’t
Victim of a sexual offence [rape], think I’d have been able to give evidence
Waltham Forest without them; I’d have just shut down”
Victim of non-recent sexual abuse,
Most of the participants in depth interviews and Wandsworth
focus groups were able to meet with the Crown
Prosecution Service Advocate before their trial
and ask them questions about the court process. Special measures might include: giving evidence
in court behind a screen; giving evidence via
However, this meeting usually happens only a video link instead of in court; assistance from a
few hours prior to a trial and the interaction itself Registered Intermediary to assist those with
is usually short. All said they would have liked to difficulty communicating; and asking for the
have had this opportunity to meet much earlier public gallery to be cleared so evidence can be
and for longer in order to get to know them, give heard in private.
more information about their case and
understand how it would be argued in court. An application for any special measures that are
This highlights the need to manage victim required is submitted on behalf of the witness to
expectations before going to trial. the Judge or Magistrate, who will decide whether
the special measures should be granted. If the
application is granted, the witness should be
informed of this decision and HMCTS staff
should ensure that the measures are available,
and that assistance as required is provided on
the day.
All of those victims interviewed who had used
special measures were positive about their value.
This underlines their real value in protecting
victims and supporting the justice process.
Conversely, some victims who participated in the
consultation suffered greatly because agreed
special measures were not ultimately delivered
or were ineffective. These incidents are
completely unacceptable. This is an important
learning point for all parties in the justice
process – special measures work – every effort
should be made to ensure they are put in place.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
“I had requested a screen to not be seen “What I hated was, when there were breaks
by the culprit via the witness care unit. The from court there was a family room I could
lawyer on the day was unaware of this and use but I had to go through security to get
said that he would speak to the judge but there and I was basically sitting right by the
that it may be too late. I wanted not to be person who killed my parents! He ended up
seen by the culprit and the witness care knowing who we were because when the
unit said that these measures would be in court said my parents’ names I cried and
place. ran out of the public gallery. So the next
time he was waiting around for me and
A special plea was made to the judge for stood directly behind me as I entered
the items and they were provided on the security and the police liaison officer
day. They were all really proud of stepped in between us. The defendant
themselves and I was like ‘it should have then stared at me for a couple seconds
been there anyway’. It was very stressful. before walking off. He was trying to goad
Also, there was no provision for my me. I shouldn’t have had to go through the
disability and this wasn’t brought up by same entrance as the person who killed my
anyone in the police or the court.” parents. It made me feel like we were being
treated so much worse than the defendant
Victim of knife crime, Ealing
was.”
I welcome the proposal in the new Domestic Bereaved relative [road traffic incident],
Violence Bill for special measures to be unknown borough
mandatory in domestic abuse cases, however it
is vital that it is clearly explained to victims that it
is possible for them to opt out. The Review has also underlined the importance
of ensuring victim needs are considered not just
This Review found that some victims complained into the courtroom itself – which is currently the
that they had not been given the choice on only area considered in safety planning for
whether to use special measures or not, either witnesses - but throughout the court building
because they had been provided without their and the immediate surroundings. Most
knowledge or because their investigating officer participants were able to enter court through a
suggested that doing so would impact on their different entrance from the defendant and wait in
credibility. All of those victims would have liked a separate area. This is absolutely essential to
to have had a say on special measures, and ensure that victims do not feel intimidated.
agencies must do everything they can to ensure However, not all courts have separate entrances,
that victims are given the chance to make an or have safe routes into court. HMCTS staff need
informed choice. to plan the route to ensure safety or consider
staggered arrival times. This has resourcing
implications and depends on HMCTS staff being
available to facilitate those conversations and to
meet with victims on the day of trial. This
underlines the earlier recommendations on
setting out this expectation on agencies in a
Victims’ Law, the respective roles and
responsibilities of the agencies, and on the
urgent need for greater resourcing of the
criminal justice service.23
KEY FINDINGS
• Late-notice adjournments – and the way practitioners and victims are kept informed about
them - are a source of dissatisfaction and frustration for all concerned.
• Victims highlighted a lack of awareness of special measures and engagement in agreeing what
was required. Clear information on what they are entitled to, and their consent to the use of
special measures, are critical.
RECOMMENDATIONS
• The CPS should ensure that their current guidelines for victims about the role of the CPS
Advocate in their trial are provided to every victim going to trial as part of their court
familiarisation visit, or given by the IVWS if the victim chooses not to attend their visit.
• Late-notice adjournments are a systemic problem that is unlikely to change. However, more
can be done to ensure that the victim’s journey and their needs are taken into account in the
way they are informed about adjournments, and to give them choices on where and when their
case is heard. MOPAC, HMCTS, the Judiciary, Witness Care Units and the IVWS should work
together to consider how victims and witnesses can be informed of adjournment in a timely,
transparent and trauma-informed way.
• As part of their reform of VCOP and in any future Victims’ Law, the Ministry of Justice should
provide a clear explanation to victims about what special measures are, being clear on the
application process, who decides on them, who should inform them, the right to opt-out, and
how their use might impact on a trial.
• Special measures should be extended in the Victims’ Code of Practice and the Victims’ Law, to
include additional measures such as voice distortion and the option to be met at a separate
entrance or at a different time to avoid encountering the defendant at court. The Ministry of
Justice should ensure that HMCTS has the necessary resources to provide sufficient staffing
to provide these entitlements.
• Virtual tours of all courts to allow victims and witnesses to familiarise themselves with the
court setting ahead of trial should be rolled out as quickly as possible by HMCTS.
• Victim Support’s interactive courtroom tool for young people should be offered to all victims
going to court by the Integrated Victims and Witnesses Service.
• HMCTS should ensure witness safety plans be extended to cover the point of their arrival in
the court building to the point of their exit, so victims and witnesses do not come into contact
with defendants or the defendants’ friends or family as far as reasonably practicable. Where it
is not possible to ensure that level of separation, the Witness Service should inform witnesses
in advance of the trial.
NEXT STEPS
MOPAC will also work with partners to ensure that opportunities presented by the new integrated
victims service model to focus further efforts on improving victims’ awareness and experience of
special measures.RE V IE W O F C O MPL IANCE W ITH THE V ICTIM S’ C O D E O F P R ACT I C E
AFTER
TRIAL
61% of online respondents whose case went to The conclusion of a trial – the verdict and
court were informed about the outcome of the sentencing – are vital points of closure for
trial, including the sentence given in cases victims, and more must be done to ensure that
where the suspect was convicted. Around 7 in victims are told about this, and that the
10 (72%) of the respondents who were outcome is explained. Victims want the
informed about the outcome of the trial had the assurance that official contact and informed
outcome – including the sentence given to the explanation can give them, and practitioners
suspect if they were convicted – explained to want to be able to provide that service.
them. 87% of telephone respondents that went However, problems with disjointed processes
to court were informed of the outcome of the and a lack of clarity on where to seek advice on
trial, including the sentence, but less than three verdicts and sentencing outcomes can often
quarters of these victims (74%) had the frustrate that.
outcome explained to them.
Timeliness, accuracy and consistency in
official communication with victims is
“I was told what the outcome of the trial
increasingly important in the age of social
was but I didn’t feel that I had a full
media and 24-hour news coverage, where
explanation. And the way I was told over
court outcomes can be reported near
the telephone was impersonal. Luckily for
instantaneously to a large audience. I recognise
me he was found guilty, but if he hadn’t
that the media will often be better placed to
been found guilty and I was told over the
report a verdict more quickly than the justice
telephone I would have been devastated.
service. Accepting this, I believe there is an
There was also a lot of media coverage
opportunity to ensure that these outcomes are
and I was concerned I might not have
reported in a trauma-informed way, minimising
been the first to know. I don’t know how
the risk of re-traumatisation to the victim in
long after the verdict was given they
question and also signposting other people
called me, and in the days of smart
who may be affected by the issues reported to
phones and social media and everything
relevant support.
else I could have read about it first and I
think for me that’s something they need There is precedent for this – the media have
to be really, really aware of.” worked closely and effectively with mental
health organisations to ensure that suicide is
Victim of a sexual offence [rape],
reported more responsibly – and I believe this
Kingston-upon Thames)
approach can be extended successfully to the
reporting of court proceedings. I have engaged
All victims who took part in an in-depth with the Independent Press Standards
interview had been informed of the trial Organisation (IPSO), who are updating the
outcome, although again, some did not feel Editor’s Code of Practice to inform editors and
they had received enough explanation of what journalists on research and reporting on a
the sentence entailed. range of issues, such as reporting on deaths,
inquests, sexual offences and suicide. IPSO
must continue to ensure the victim’s voice is
heard in this work and to support editors and
journalists with training on these subjects.You can also read
